( 1 ) THIS criminal appeal has beenpreferred by the appellants-convicts Tellu and Uttam againstthe judgment of conviction and order of sentence passed on18th of July, 1983 by Shri R. C. Jain, Additional Sessions Judge. whereby they were convicted for the offence under section 302indian Penal Code read with section 34 Indian Penal Code. and sentenced thereunder toundergo imprisonment for life.

( 2 ) THE first information in this case was given by Smt. Sudamawife of the deceased Ram Karan and her statement was recordedby Sub Inspector Joginder Singh of police station Nangloi, Delhi;according to which she along with her deceased husband Ramkaran was living in railway quarter No. E-24/c, Nangloi, Delhi,and the deceased was working in railway department at Nangloistation as a gang man whereas her in-laws resided in villagedhanwas, Police Station Khajni, District Gorakhpur. Accusedtellu was a resident of that very village and was known to themand had his lodging and boarding with them for about twomonths in the aforesaid railway quarter 8/9 months prior to theoccurrence and when he went back to his village he took awaysome miscellaneous household goods of Ram Karan decease